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CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs

Arvind Crafts exhibited a lamp design at a fair that the Central Government had notified under section 21. He did not give the Controller any previous notice, but he applied for registration within two months of exhibiting. What is the likely position under section 21?

The section 21 protection is not available. The proviso requires both previous notice to the Controller in the prescribed form and an application within six months of first exhibiting. Arvind satisfied only the time limit, so the exhibition is not saved by the section.

  1. AThe protection applies automatically because the fair was notified
  2. BThe protection applies because he applied within six months
  3. CThe protection under section 21 is not available because the previous notice condition was not metCorrect
  4. DThe design is registered but only for five years

Explanation

Section 21 has two cumulative provisos: previous notice to the Controller in the prescribed form, and application within six months. Meeting only the time condition is not enough, so the exhibition may defeat novelty.

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